Author Archives: rtushnet

Who registers the watchmen? court needs more info in (c) case

Posted on April 17, 2017 by rtushnet

Sara Designs, Inc. v. A Classic Time Watch Co., — F.Supp.3d —-, 2017 WL 627461, No. 16CV03638 (S.D.N.Y. Feb. 15, 2017) Sara sued for copyright infringement, trade dress infringement, state trademark infringement and dilution, unfair trade practices, and deceptive practices … Continue reading →

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Lack of damages dooms false marking, advertising claims

Posted on April 14, 2017 by rtushnet

Gravelle v. Kaba Ilco Corp., 2017 WL 1349278, No. 2016-2318 (Fed. Cir. Apr. 12, 2017) Gravelle sued his competitor Kaba for falsely marking its key-cutting machines as “patent pending” for a time, as Kaba eventually admitted, and sought monetary relief … Continue reading →

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Lack of damages dooms false marking, advertising claims

Posted on April 14, 2017 by rtushnet

Gravelle v. Kaba Ilco Corp., 2017 WL 1349278, No. 2016-2318 (Fed. Cir. Apr. 12, 2017) Gravelle sued his competitor Kaba for falsely marking its key-cutting machines as “patent pending” for a time, as Kaba eventually admitted, and sought monetary relief … Continue reading →

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Ordinary false advertising isn’t disparagement for insurance purposes

Posted on April 13, 2017 by rtushnet

Vitamin Health, Inc. v. Hartford Casualty Ins. Co., — Fed.Appx. —-, 2017 WL 1325263, No. 16-1724  (6th Cir. Apr. 11, 2017) Vitamin Health makes products intended to reduce the risk of developing age-related macular degeneration, advertising that its products contain … Continue reading →

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Don’t try to make a Lanham Act case out of a copyright case

Posted on April 13, 2017 by rtushnet

Lieb v. Korangy Pub’g, Inc., 2016 WL 8711195, No. 15-CV-40 (E.D.N.Y. Sept. 30, 2016) The Second Circuit isn’t a good place to try to plead around Dastar.  Lieb sued Korangy for copyright infringement and deceptive business practices based on alleged … Continue reading →

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Flea market case on secondary (and tertiary) liability for counterfeiting

Posted on April 13, 2017 by rtushnet

Luxottica Gp., S.P.A. v. Greenbriar Marketplace II, LLC, — F.Supp.3d —-, 2016 WL 5859023, No. 15-cv-01382 (N.D. Ga. Sept. 30, 2016) Luxottica sought to hold Greenbriar and Albert Ashkouti liable for contributory trademark infringement based on sales of counterfeit goods … Continue reading →

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Law360 article on my ICE suit by Bill Donahue

Posted on April 13, 2017 by rtushnet

Read it here. from Blogger http://ift.tt/2ow6Dh9

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No evidence of harm means no disgorgement in false advertising case

Posted on April 11, 2017 by rtushnet

MB Imports, Inc. v. T&M Imports, LLC, No. 10-3445, 2016 WL 8674609 (D.N.J. Dec. 23, 2016) MB Imports imported and sold Sicilia brand lemon and lime juice products, and sold them to Safeway from 2001-2003; for many years, they were … Continue reading →

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false advertising dispute based on study in medical journal should proceed, judge recommends

Posted on April 11, 2017 by rtushnet

Theodosakis v. Clegg, 2017 WL 1294529, No. CV-14-02445 (D. Ariz. Jan. 30, 2017) (magistrate judge) Theodosakis and Supplement Testing Institute sued defendants for defamation, commercial disparagement, tortious interference with business expectancy, false advertising and unfair competition under the Lanham Act, … Continue reading →

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lack of substantiation isn’t actionable, but claims of 100% satisfaction are

Posted on April 11, 2017 by rtushnet

Moorer v. Stemgenex Medical Group, Inc., 2017 WL 1281882, No. 16-cv-02816 (S.D. Cal. Apr. 6, 2017) Plaintiffs brought the usual California claims (plus RICO and California’s Health and Safety Code section 24170, et seq., (Human Experimentation) (!), and Financial Elder … Continue reading →

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